(Version dated 20 July 2021)
The internet site with the URL www.justoverthetop.com (hereinafter referred to as “website”) is published by NIMA, a French limited liability company, with a registered share capital of €1,000, having its registered office at 164 chemin de St Jean du désert - 13005 MARSEILLE, registered with the Marseille Trade and Companies Registry under the No. 808 298 664 (hereinafter “NIMA”).
Telephone: +33 (0)4 91 63 62 20
Publications manager: Didier LALANCE
The website is hosted by EVOLIX, a French limited liability company, with a registered share capital €105,000, having its registered office at 37, rue Guibal – 13003 Marseille, registered with the Marseille Trade and Companies Registry under the No. 451 952 295 (firstname.lastname@example.org).
Website Design and Production: BeforeBigBang - United Artists
Scope and Enforceability
These general terms and conditions of sale (hereinafter “Terms”) are only applicable if the following cumulative conditions are met:
- a) Sales to consumers defined by the first article of the French Consumer Code as follows: "means any natural person, in contracts covered by these regulations, who is acting for purposes outside his trade, business or profession” (hereinafter referred to as “Customers” or individually as “Customer”);
- b) Wishing to buy the goods featured for sale on the website marketed under the brand “JOTT” (hereinafter referred to as respectively as “Goods” or individually as “Good” and “Brand”).
The terms are binding when customers tick the box provided specifically for this purpose. In doing so, they are agreeing that they have read and accepted them and will adhere to them unconditionally.
By submitting an order, customers are adhering to the terms in force on the day of this order. NIMA must keep a copy of them in accordance with the provisions of article 1127-1 of the French Civil Code. They take precedence over any other version or any other conflicting document serving the same purpose.
Location:The goods featured on the website are for sale in France and abroad.
Language: The terms and all the contractual information provided on the website were originally drawn up in French and have been translated into English.
Changes to the Terms NIMA reserves the right to update the terms at any time. Customers undertake to check them regularly If the terms have changed, those in force on the date of the order will apply.
Characteristics of Goods – Website Content: The photos on the website are for information only. We advise customers to refer to the description of each good to be sure of their specific characteristics. If they have any doubts or need further information, they should contact NIMA.
NIMA does its utmost to provide its users with the best possible information and tools, but they may not be held liable for any direct or indirect damage arising from connecting to or using this website. Despite all our efforts, there is an inherent risk in the electronic transmission of content: delays, omissions and inaccuracies are always possible. Therefore, NIMA cannot guarantee the accuracy, reliability and completeness of the content on the website, nor may they be held liable for errors, unavailable information and updates, inaccuracies, or the presence of a virus when accessing the website. NIMA cannot be held liable for the incorrect use of the website by the user, or the website being temporarily unavailable (i.e. force majeure, down time for maintenance or a any type of technical incident). The customer or user is solely responsible for the use of the information on the website and for any consequences that may arise from this, particularly any decisions or actions based on this information.
Pricing: There is no charge for accessing the website, outside of the cost of the customer’s internet access or costs related to the use of their phone. These are billed by the providers.
Intellectual Property Rights: The website must be regarded as a single entity. Consequently, the website and all the content (information, data, texts, sounds, images, drawings, graphics, distinctive features, logos, brands, etc.) are the sole property of NIMA or, where appropriate, its partners. The entire content is subject to the provisions of the Intellectual Property Code and, in this respect, it is protected both by the terms and the laws against any unauthorized use. The customer may only reproduce content for his own information and any copies made must be strictly for private and personal use. Any other full or partial reproduction, representation or dissemination of the website, by any means whatsoever, is prohibited. Failure to comply with the above constitutes an infringement and may entail the legal and criminal liability of the author.
It is strictly forbidden to use or reproduce either the brand name or its logo in any capacity, on its own or with a title, particularly for the purposes of advertising, without the written consent of NIMA. Likewise, downloading or any other means of reproduction used to copy the website’s software or content does not confer any rights over either. Their reproduction (in full or in part), transfer (electronically or by any other means) and modification are strictly prohibited. It is also prohibited to use the website for public or commercial purposes, without the written consent of NIMA beforehand.
Hyperlinks:The creation of hyperlinks on the website leading to other websites on the internet is by no means an approval of such websites or their content and NIMA may not be held liable for them. To create any hyperlink to this website, the publisher must obtain the written consent of NIMA beforehand.
Personal Data:Any personal data collected on the website is done so by NIMA in its capacity of data controller under the General Data Protection Regulation (GDPR) No. 2016-679 of 27 April 2016. We ask customers to read the page about the privacy of personal data at the following address: https://justoverthetop.com/en/content/82-protection-des-donnees-personnelles
Ordering on the Website
Accessing the Website: The website can be access via the internet 24 hours, 7 days a week, except in cases of force majeure or events beyond NIMA’s control, or due to maintenance, updates or technical improvements to the content or its presentation.
Creating an Account: To order on the website, customers must first create an account. To do this, customers must provide an email and a confidential password. Customers are solely responsible for the use of their account until it is deactivated. To continue their order, additional information is needed (title, first name, surname, precise delivery address, postcode, town, phone number). The customer must provide accurate and correct data and inform NIMA of any changes.
Ordering: The customer must follow the instructions on the website to order. Before the order is processed, a summary will be provided showing all the goods selected by the customer. The customer must then confirm the order by clicking on the icon designed for this purpose.
Confirming the Order: After viewing the order details, including the total in full, VAT and any delivery costs, the customer clicks on the button confirming it, thereby finalising the sale, and this takes them through to the payment screen. Clicking twice, including the authentication procedure, is deemed to be a valid electronic signature.
Changing the Order: Any changes made to the order by the customer after it is confirmed, must be agreed to in writing by NIMA beforehand.
Available Stock: Goods on offer are available while stocks last. Goods availability information is provided when ordering. If the order should contain unavailable goods, NIMA can offer a product of similar quality and price or refund the customer within 30 (thirty) days of the date the order is placed.
Order Receipt: NIMA then confirms that the order has gone through, by sending an automatic email listing the goods ordered. This will show the total including VAT and delivery costs, and, if necessary, any difficulties or reservations related to the order. NIMA reserves the right to refuse any order for legitimate reasons and especially if the quantity of goods ordered is abnormally high for buyers who are end consumers.
Prices – Payment
Applicable Prices NIMA may modify its prices at any time, but the goods will be invoiced to customers at the prices in force on the website when they place their order.
Prices indicated on the website:
- Are in Euros, excluding VAT and including VAT
- Show the VAT at the applicable rate
- Do not include delivery or shipment costs which are invoiced additionally, in keeping with the customer’s delivery choices at the time the goods are ordered. The cost of the method or speed of delivery (depending on the option chosen by the customer) will be shown in the order details prior to confirming their order.
Price Characteristics: The prices applicable on the day the order is placed are firm and cannot be revised during their period of validity. Special offers and the prices of goods remain valid until the website is updated.
Payments through the website are made by credit card or via a PayPal account.
Invoice: NIMA will edit an invoice in the name of the customer and send it to them.
Archives and Proof of Purchase: Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract of sale.
Delivery Times: Packages are generally sent within 48 hours (from Monday to Thursday) of receiving the customer’s payment. Orders placed on either Friday, Saturday or Sunday will be sent out on the following Monday or Tuesday.
Home deliveries are made during working hours from Monday to Saturday, excluding public holidays.
Delivery Terms Delivery means transferring the physical possession or control of the product to the customer.
The customer chooses one of the delivery methods provided on the website when they place the order. The goods ordered may be delivered together in one delivery or separately in several. The deliveries are made by an independent carrier.
Deliveries to DPD pickup points are made during working hours from Monday to Friday, excluding public holidays.
Deliveries to La Poste pickup points or post offices are made during working hours from Monday to Saturday, excluding public holidays.
- Home delivery: the package must be signed for. The delivery transit times in Metropolitan France are 2 to 3 workdays (5 to 7 work days for Corsica) after the order is dispatched.
DPD pickup point: the package must be signed for. The delivery transit times in metropolitan France are 2 to 3 workdays (5 to 7 workdays for Corsica) after the order is dispatched.
- La Poste pickup point or post office in metropolitan France:The delivery transit times are 2 to 3 workdays (5 to 7 workdays for Corsica) after the order is dispatched.
Orders totalling more than €199 incl. VAT (one hundred and ninety-nine Euros including value added tax) are free of delivery charges if their destination is metropolitan France (including Corsica).
Orders canot be delivered to P.O. boxes. The goods are delivered to the address given by the customer when ordering.
The customer is responsible for any failure to deliver if they give an incorrect address when creating their account. NIMA cannot be held liable for any data input errors and their consequences (errors or delays in delivery). In this case, the costs incurred for returning the order will be charged to the customer. NIMA cannot change the delivery address shown on the order after it is dispatched.
The timeframes given above do not take into account any delays due to payment authorizations.
Delivery Costs:The delivery costs depend on the order total and the delivery method chosen by the customer. The customer can see the delivery cost on the order summary before they confirm their order.
Delivery costs include packaging, handling and postage costs. NIMA advises customers to group their purchases in a single order. Failing this, they will have to pay delivery costs for each order.
Home delivery in metropolitan France: €7.99
Pickup point: from €5.99
International delivery: from €14.99 depending on the destination country and the carrier.
TAXES & DUTIES
VAT is already included in the price of the good. However, customs duties, international VAT, and administrative costs related to passing through customs are paid by the customer.
Delays or Failure to Deliver:NIMA will do its utmost to deliver the goods ordered by the customer within the timeframes mentioned above. If the product ordered is not delivered before the date timeframe mentioned on the website (except for force majeure or maintenance periods), the customer is entitled to either require NIMA to deliver within a reasonable additional timeframe or cancel the contract of sale, by registered letter with acknowledgement of receipt or another durable written medium, in accordance with Article L. 216-1 of the French Consumer Code. In this instance, the total paid by the customer will be refunded without delay, with no deduction or compensation.
Transfer of Risk:The risks of loss or damage to the goods are transferred to the customer when they, or a third party designated by them, take physical possession of the product in accordance with the provisions of Article L. 138-4 of the French Consumer Code. The product, which is delivered to the customer by a carrier chosen by NIMA, transits at NIMA's risk.
Receipt: When the goods are delivered by a carrier to the address indicated on the order form, the customer is required to check that they match the order.
They must then formally accept the delivery by signing a delivery receipt issued by the carrier. If the product is damaged on arrival, the customer should refuse to sign the delivery note or at least express their reservations on it in writing and refuse the package.
The customer must inform NIMA of any delivery problems in writing (by post or email) within 3 days of the delivery.
The Handling of Undelivered Packages by the Carrier:These are undelivered packages that are returned to NIMA by the carrier for the following reasons:
- “Not known at this address”: the customer does not live at the address provided or the recipient is not known at the address.
- “Unclaimed”: customers have not collected these packages at the post office or pickup point location within the given deadline (mentioned on the pickup notification instructions).
- “Refused”: the customer has refused the delivery.
After accepting and taking receipt of the package, NIMA sends an email to the customer to notify them that they have received their package and the reason for its return. They will then refund the order.
Customer Information: The goods rightfully benefit, with no additional payment and in accordance with the legal provisions, from:
- The legal guarantee of conformity for apparently defective, faulty or damaged goods or ones that do not match the order.
- The legal guarantee against hidden defects resulting from defects in material, design or workmanship affecting the goods delivered and making them unfit for use.
In this respect, we remind you of the provisions of articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code, as well as articles 1641 and 1648 § 1 of the French Civil Code relating to the existence and implementation of the above-mentioned guarantees.
Legal Guarantee of Conformity:
(French Consumer Code, Article L 217-4)
“The seller must deliver goods that comply with the contract and is therefore liable for any lack of conformity existing at the time of delivery.
They are also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made their responsibility by the contract or was carried out under their responsibility."
(French Consumer Code, Article L 217-5)
"The goods conform to the contract:
1) If they are fit for the purpose usually expected of similar goods and, if applicable:
- If they correspond to the description and features presented by the seller to the buyer in the form of a sample or mode.
- If they have the features a buyer might legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly through advertising or labelling.
2) Or if they have the characteristics defined by a mutual agreement of the parties or are fit for any specific purpose required by the buyer, brought to the attention of the seller and accepted by the latter."
(French Consumer Code, Article L 217-12)
"Any legal action prompted by a lack of conformity is governed by a two-year prescription period from the delivery of the goods.
(French Consumer Code, Article L 217-16)
"When the buyer asks the seller to repair a movable good covered by the guarantee, during the commercial warranty granted to him at the time of purchase, any period of at least seven days’ immobilisation shall be added to the duration of the remaining guarantee. This period will run from the date the buyer requests the seller’s intervention or from the date the goods in question are made available for repair, if this is after the request for intervention.
In view of the above, therefore, the customer has a period of two years from the delivery of the good(s) to take action against NIMA and may choose between repairing or replacing the good(s) ordered, subject to the cost terms set out in Article L.217-9 of the French Consumer Code.
The customer may cancel the sales contract, or have it amended if the defect is major and the time required for the chosen solution exceeds one month from the date of their request, or if the goods cannot be brought into conformity.
The customer is exempt from proving the good’s lack of conformity prior to delivery for a period of 24 (twenty-four) months following its delivery.
If the customer wishes to invoke the legal guarantee of conformity, he must send a registered letter with acknowledgement of receipt to the following address: NIMA – 164, Chemin Saint Jean du Désert – 13005 Marseille and return the good(s) ordered together with the invoice.
Legal Guarantee Against Hidden Defects
Article 1641 of the French Code Civil
"The seller is bound by the guarantee against hidden defects for any item sold making it unfit for use, or diminishing its use to such a point that the buyer would not have purchased it, or would not have paid as much for it, if they had been aware of them."
Article 1648 § 1 of the French Civil Code
"Any legal action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."
The customer may therefore decide to invoke the guarantee against hidden defects in accordance with Article 1641 of the Civil Code. In this case, the customer may choose between cancelling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
If the customer wishes to invoke the legal guarantee against hidden defects, he must send a registered letter with acknowledgement of receipt to the following address: NIMA – 164, Chemin Saint Jean du Désert – 13005 Marseille and return the good(s) ordered together with the invoice.
Depending on the type of customer claim and on condition that all the legal requirements in either instance are met, NIMA will refund, repair or replace the goods deemed to be non-conform or defective.
Refunds for goods deemed to be non-conform, defective or faulty will be made as soon as possible within a 14 (fourteen) days of the acknowledgement of the non-conformity or hidden defect by NIMA. The refund will be made by crediting the customer’s bank account or the PayPal account they used to pay for the order.
NIMA cannot be held liable in the following instances:
- Non-compliance with the legislation of the country to which the goods are delivered
- Misuse, professional use, negligence or lack of maintenance on behalf of the customer
- Normal wear and tear of the goods, an accident or force majeure.
NIMA does not provide any particular commercial guarantee for the goods.
Delivery and return policy
The Customer has a period of 30 (thirty) days following the reception of his/her order to inform us of his/her wish to return and return a part or full order.
The Customer is informed that, only unworn, unstained, undamaged, unwashed items returned in their original packaging (plastic bag, box, etc.), with the labels, bag/pouch/cover intact, will be accepted.
The returned items must be in a condition to be resold.
The shipping costs for exchange or refund are charged to the customer.
1 - In his/her customer account in the "Order history and details" after clicking on the details of the order concerned by his/her return.
2 - The Customer must choose the product he/she wishes to return, then, generate the return request by clicking on "Send back a product".
A request is then transmitted to NIMA. The return request is displayed in your customer account under the heading "Merchandise returns", with the status: "Awaiting confirmation".
3 - After the validation of her/his request, the status of her/his return request changes to : "Awaiting package", the customer can then send us the package, following the procedures below.
The shipping costs are charged to the customer. The return is made under the responsibility of the customer, NIMA SARL can not be held responsible in case of loss or theft. We advise the client to send your return with a follow-up, and to keep the documents concerning it, in order to follow the evolution of the delivery, until the notification of reception by our services.
Returns are made EXCLUSIVELY by mail, returns in relay point and in store are not available.
The postal address for returns is as follows:
NIMA C/O SNDR EVOLUTION
17 rue Thomas Edisson
For each return, it is imperative to join :
- form that can be downloaded, once your return request has been accepted, from "Merchandise returns ".
- the invoice that you can print from your "Customer Account".
If the customer reuse the white plastic transport envelope, he/she must make sure not to close it with staples and to hide the bar code of the label of the first shipment.
4 - Upon receipt of his/her package by our services, the status of his/her return request in his/her customer account will change to "Package received".
Subject to compliance with the above steps, NIMA will proceed with the refund of the returned item(s). Refunds are made within a maximum of 14 days after receipt of his/her package in our warehouse on the method of payment used at the time of purchase (Paypal or credit card).
NIMA will not make any exchanges under this section.
In case of a return from a country subject to customs duties, the Customer must mention that it is a return of goods on the customs declaration. Otherwise, the customs duties relating to this return will be borne exclusively by the Customer.the customs declaration. The customer may be charged for the customs fees related to the return.
5 - The status of the return request will change to "return completed" when her/his refund has been processed.
Depending on the client bank's processing time, it may take 3-4 working days for the refund to appear in his/her bank account.
Right of Withdrawal
Reminder of the Legal Provisions:In accordance with the provisions of Article L. 221-18 of the French Consumer Code: The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded online or at a distance, following telephone canvassing, or off-premises, without having to give a reason for their decision or bearing costs other than those provided for in Articles L. 221-23 to 221-25". In any event, these provisions do not apply to contracts concluded with professional customers or ones acting in a professional capacity.
Legal Period: In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the customer has a withdrawal period of 14 (fourteen) days from the date on which they, or a third party named by them (other than the carrier), took physical possession of the goods purchased. If the 14th day falls on a Saturday, Sunday or a public holiday, this is brought forward to the next working day.
Conditions for the Implementation of the Right of Withdrawal:To exercise the right of withdrawal, the customer must notify NIMA in writing within 14 (fourteen) days of their decision to withdraw. The customer must send the withdrawal request by registered post with acknowledgement of receipt, using the form below, or by sending an unambiguous statement on plain paper expressing their wish to withdraw from the contract to the following address: NIMA - 164 chemin de Saint Jean du désert, 13005 Marseille or by e-mail to the following address: email@example.com.
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods/provision of the following service*:
Ordered on/received on*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified in writing):
Return of Goods:In the event of a customer withdrawal, the customer must return the goods to NIMA without undue delay and, in any event, no later than 14 (fourteen) days after they have informed NIMA of their decision to withdraw. This period shall be deemed to have been observed if the customer returns the goods of the order before the expiry of the 14 (fourteen) day period. The direct costs of returning the goods will be borne by the customer.
The goods must be returned within the above-mentioned period, in full, in their original packaging (plastic bag, box etc.), with the labels, bag/pouch etc. intact.
- Refunds: In the event of a customer withdrawal, NIMA will refund all payments received from the customer, including delivery costs (with the exception of additional costs arising from the fact that the customer has chosen, where applicable, a delivery method other than the cheapest standard delivery method offered by NIMA) without undue delay and, in any event, no later than 14 (fourteen) days from the day NIMA received the goods of the order, or until they have provided proof of their shipment, whichever date is earlier.
In the event of the return of only part of the goods covered by the order, the delivery costs will be refunded as follows:
- - If the delivery costs have been calculated according to the number of products ordered, they will be refunded in proportion to the goods returned by the customer;
- In the case of flat-rate delivery costs, they will not be refunded.
NIMA will make the refund using the same payment method that the customer used for the original transaction. If the customer agrees in writing, another method may be used. In any event, this refund will not incur any costs for the customer.
- Depreciation of the good(s): We remind the customer that they will be held liable for the depreciation of the good(s), in the event of a withdrawal after their use, or resulting from any handling other than that needed to establish the nature, characteristics and proper functioning of the good(s). According to the European Commission, this type of handling is the kind a consumer would carry out in a shop, for goods offered on sale there. Consequently, the customer should note that NIMA will check that the good(s) returned is/are still conform. If the returned good(s) do not conform, the cost of repair and/or reconditioning may be deducted from the amount refunded to the customer, and similiarly if the good(s) has/have been used beyond what is reasonably necessary to establish that its/their nature or that it/they work properly.
- Partial Return: If the customer should only return part of the order, NIMA will refund the amount of the good returned. Furthermore, if the unreturned good was acquired free of charge at the date of the order, as part of a promotional offer, such as a sale with a premium or a subordinate sale, NIMA will request the return of the free good, failing which, the unit market value of the free good, as shown on the NIMA website, will be deducted from the amount refunded to the customer.
Governing Law – Disputes
Governing Law: These terms and conditions are subject to French law, contingent upon the mandatory rules of the customer's country of residence.
This provision does not deprive the customer of the protection afforded by the mandatory rules of his country of residence. Thus, notwithstanding the choice of applicable law mentioned above, the customer may always benefit from the mandatory provisions of his local law, when they are more favourable than the law chosen to be applicable in case of dispute.
Settlement of disputes:
- Settlement out of court: In accordance with the provisions of articles L.612-1, L.616-1 and R.616-1 of the Consumer Code concerning the amicable settlement of disputes, NIMA adheres to the E-commerce Mediator Service of the FEVAD (Federation of E-commerce and Distance Selling) whose contact details are as follows: 60 rue de la Boétie – 75008 Paris – https://www.mediateurfevad.fr/.
After prior written application to NIMA by the consumer, the Mediation Service may be contacted for any consumer dispute which has not been settled. The Customer may consult the terms and conditions of referral to the Mediator (in French) at the following address: https://www.mediateurfevad.fr/index.php/espace-consommateur.
In addition, in Europe, the European Commission provides an online dispute settlement platform at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
- Court settlement: In the absence of an amicable settlement, the customer may refer any dispute relating to the existence, interpretation, conclusion, performance or termination of these terms and conditions to the court. The jurisdiction in the event of a dispute will be attributed to the defendant's domicile or on the choice of the plaintiff, to the place the goods were delivered.